The Act creates problems where a landlord covenant is expressed in personal terms
Some disturbing loose ends are considered by Dechert solicitors Keith Conway and Emma Slessenger: see
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The Act creates problems where a landlord covenant is expressed in personal terms
Q A landlord’s covenant in a recently granted lease is expressed in terms that are plainly personal to him. The reversion has just been assigned. Given that the burden cannot pass to the assignee, can the landlord nevertheless apply for a release from the covenant in the manner prescribed by sections 6 to 8 of the Landlord and Tenant (Covenants) Act 1995?
A No: see BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd [2001] EWCA Civ 1797; [2002] 2 EGLR 121, considering “landlord” as defined in section 28(1) of the Act.
Some disturbing loose ends are considered by Dechert solicitors Keith Conway and Emma Slessenger: see Let’s get personal Estates Gazette 2 March 2002, p216, and by Malcolm Dowden, of Charles Russell, in And this time it’s personal Estates Gazette 25 May 2002, p133
